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According to bankruptcy Chapter 13 laws, to revoke confirmation, a creditor must
prove the debtor is not entitled to confirmation. A naked allegation is seldom enough to overcome
confirmation, because of the initial assignment of the burden of proof
by statute lands squarely upon the shoulders of the objecting party.
However, with admissible proof offered, all legitimate disputes must be
resolved by the court.
New amendments to the Code attempt to alter the previous assignment
of the burden of proof. In essence, if any party now objects, for any
reason, the debtor must then prove compliance with all legal
requirements or the case must be dismissed. However, this provision is
at odds with the intent of the Code, and further, easily violates the
abusive creditor restriction against creating unnecessary attorney fee
expenses. In practice, judges enjoy considerable discretion when
assigning weight and credibility to evidence, and sworn testimony the
debtor usually defeats abusive motions.
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